He brings the information into a form that is suitable for distribution in the form of advertising.

Preparation of contract

Depending on the specifics of an individual agreement, when drawing up it, the parties can add various parts, but the general plan assumes the presence of the following items:

Thing

As mentioned earlier, it is on the subject that all the rights and obligations of the parties to the contract are directed.

"Big Economic Dictionary» speaks of the subject of the agreement as an action or their complex, which determines the nature or type of the terms of the transaction.

The subject itself should be briefly indicated in the title of the document.

It can be selling, renting, buying, and so on.

In our case - it is a contract for the provision of advertising and information services.

In some cases, it is advisable to write a subject using Civil Code.

It is enough to find a chapter dedicated to a specific agreement, and from there select the information you need.

Reasons for termination

The contract can be terminated for various reasons, they depend on the specifics and scope of the contract.

Here are the main reasons:

1. Mutual agreement of the parties. If both parties no longer wish to cooperate, then they can terminate their obligations after signing the agreement.
2. The court's decision. In this case, only one of the parties may terminate on appeal, but this requires a good reason - as a rule, this is a gross violation by the other party. For termination in this regard, evidence of violation and damage, which as a result of this, suffered by the party who applied to the court, will be required.

Please note that the customer is entitled to refuse to fulfill the contract only if he pays to the contractor all expenses incurred, but the contractor, in case of refusal, is also obliged to compensate the customer for all losses.

We told you more about the procedure for terminating a service agreement, and you will learn how to properly draw up a notice of termination of cooperation.

Nevertheless, there are some nuances here, which are determined features advertising business.

In any transaction, all scenarios should be taken into account in order to avoid negativity between the parties.

So, if you correctly define the rights and obligations the contractor and the customer, you do not have to worry about a possible termination and just do your job.

Didn't find the answer to your question? Find out, how to solve exactly your problem - call right now:

Sample contract for the provision of advertising services free download

CONTRACT

provision of advertising services

Moscow "__" _________ 20

LLC "Romashka" hereinafter referred to as "Executor", represented by the General Director Ivanov I.I., acting on the basis of the Charter, on the one hand, and LLC "Petrushka" hereinafter referred to as "Customer", represented by general director Petrova P.P., acting on the basis of the Charter, on the other hand, together referred to as the "Parties", have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The contractor is obliged:

2.1.1. Provide the Customer with the manufacture and / or placement of the RIM in the amount and on the terms specified in the Appendices to this Agreement;

2.1.2. In the case of the provision of services for the manufacture of RIM, provide for the approval of the Customer a scenario plan and / or a sample of RIM, subject to distribution, prior to the start of distribution;

2.1.3. In the case of rendering services for the placement of RIM, compensate the Customer for the missed number of broadcasts (publications), if the non-placement of the RIM of the Customer was due to the fault of the Contractor, ensuring the placement in the amount of missed broadcasts (publications), according to the schedule newly agreed by the Parties;

2.1.4. At the request of the Customer, provide information on the progress of the provision of services;

2.1.5. Provide the Customer, guided by the federal law of 06.12.2011 No. 402-FZ "On accounting", an extract from the accounting policy, which approves the form of the primary accounting document used by the Contractor, reflecting the sale (release) of inventory items to third-party organizations, and the very form of the above document on paper media.

2.1.6. Upon completion of the provision of services, the Contractor sends the Customer an act of services rendered for each Appendix to this Agreement.

2.2. The contractor has the right:

2.2.2. By agreement with the Customer, change the timing of the RIM placement and edit the Customer's information;

2.2.3. Suspend the provision of services under the Agreement as a whole or in a separate part thereof, if the Customer fails to fulfill the obligations provided for in Sections 2.3 and 3 of this Agreement, as well as the Appendices to this Agreement;

2.2.4. Require additional documentary confirmation of the accuracy of the information provided by the Customer;

2.2.5. Engage third parties to fulfill their obligations under this Agreement, which does not relieve the Contractor from responsibility for the quality of the services provided.

2.3. The customer is obliged:

2.3.1. The Customer sends the Assignment to email Contractor.

2.3.3. In the case of the provision of services for the manufacture of RIM, to approve within three working days a detailed scenario plan or layout from the date of its provision;

2.3.6. The customer is obliged to sign the act of services rendered or send a letter of claim within 3 working days from the date of receipt of the act by the Customer.

2.3.7. Exercise in full and in set time all payments under this Agreement and Appendices to the Agreement.

2.4. The customer has the right:

2.4.1. Timely receive the services of the Contractor in the manner and on the terms of this Agreement;

2.4.2. Change the schedule for the placement of RIM in agreement with the Contractor and subject to written notification of the Customer about this no later than two weeks before the date of the change.

3. PAYMENT PROCEDURE AND ACCEPTANCE OF SERVICES

3.1. The cost of the Contractor's services for the placement and / or production of RIM is determined in the Appendices to this Agreement, which are its integral part, and amounts to ________ (_____________) rubles 00 kopecks.

3.2. The cost of the Contractor's services is not subject to VAT on the basis of clause 2 of article 346.11 of the Tax Code of the Russian Federation (Notice of the possibility of applying a simplified taxation system dated ___________).

3.3. Unless otherwise provided by the Appendices to this Agreement, the Customer makes one hundred percent advance payment for the Contractor's services, based on the invoice issued within five working days from the date of the invoice. The date of payment is the date of receipt Money to the bank account of the Contractor.

3.4. Changes made by the Customer to the agreed scenario plan (layout) associated with additional filming or editing are agreed in writing and are paid additionally.

3.5. Within five working days from the date of rendering services under this Agreement, the Contractor shall send to the Customer two copies of the certificate of services rendered. The customer, within three working days from the date of receipt of the acts, sends to the Contractor one copy of the act signed from his Party or sends a reasoned written refusal to sign it.

The release of inventory items is carried out on the basis of properly executed documents: an invoice or other primary accounting document, the form of which is approved by the Supplier's accounting policy, containing all the mandatory details provided for by federal law No. 402-FZ "On Accounting" dated 06.12.2011, reflecting sale (release) of inventory items to third-party organizations.

3.6. If the Contractor, after the expiration of the period specified in clause 3.5, does not receive from the Customer a signed act or a reasoned refusal to sign it, the Parties acknowledge that the act is considered signed and the services specified in the act are accepted by the Contractor in full.

4. RESPONSIBILITY OF THE PARTIES

4.1. For non-performance or improper performance obligations under this Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation.

4.5. If the Customer violates the terms of payment, the Contractor has the right to suspend the provision of the services established by this Agreement until full payment for the services is made.

4.6. For violation of the terms of payment for services, the Contractor has the right to demand from the Customer the payment of a penalty in the amount of 0.05% of the amount payable for each day of delay.

4.7. For violation of the terms for the provision of services, the Customer has the right to demand from the Contractor the payment of a penalty in the amount of 0.05% of the cost of overdue services for each day of delay.

5. DURATION OF THE CONTRACT

5.1. This Agreement comes into force from the moment of its signing and is valid until ____________.

5.2. The Agreement may be terminated by agreement of the Parties. At the same time, the termination of the Agreement does not relieve the Customer of obligations to make full payment for the services provided by the Contractor.

6. FINAL PROVISIONS

6.1. All additions and changes to this Agreement must be made in writing and are valid from the moment they are signed by both Parties.

6.2. Additions and annexes to this Agreement, signed and transmitted by facsimile, are valid as original until exchanged for copies, sealed with original signatures and seals.

6.3. Requirements related to deficiencies in the Contractor's services may be presented by the Customer, provided that they are discovered within one week from the date of distribution of the RIM.

6.4. The customer has the right to refuse to execute the Agreement, provided that the Contractor pays for the actual costs incurred by him.

6.5. The Contractor has the right to refuse to execute the Agreement on the grounds provided for by the current legislation of the Russian Federation.

6.5. The Party that has decided to terminate this Agreement must send a written notice of its intention to terminate this Agreement to the other Party no later than 30 days before the expected date of termination of this Agreement.

6.6. The Parties are exempt from liability for partial or complete failure to fulfill their obligations under this Agreement if the failure was the result of force majeure circumstances that arose after the conclusion of the Agreement. Such circumstances are understood, but are not limited to: floods, fires, earthquakes and other natural disasters and natural phenomena; declared or actual war, armed insurrection, terrorist acts or military actions of any nature and their consequences; industry strike, embargo, riots, blockades, the publication by the authorities of regulations that resulted in the impossibility of proper performance by the Parties of their obligations.

Date of update: 2019-01-22

How can I agree on what will be the moment of the conducted non-cash payment?

Good afternoon. Please tell me, what is the basis for VAT exemption? An individual entrepreneur seems to be able to provide services without VAT, right?

Good day! do you have any contracts in the database? repayable rendering a set of services between a legal entity and an individual? There is a need to perform work for a legal entity, I act as an individual. within the framework of the contract, it is necessary to carry out a number of activities for the production of video, filming and editing. will be given in several stages, with amounts exceeding 10,000 rubles. services will be provided as an add-on. agreements, on each form separately

Good afternoon, how to agree on the details for payment by bank transfer if I, as a performer, physical. person and customer nat. face?

Good afternoon. Tell me what form of the contract is suitable if I, as an individual, will provide a service in promoting institutions for a legal entity?

Good day!

Select “non-cash” in the setting “Method of payment: Non-cash; Cash.” In the section of the agreement “Procedure of payments” in the last paragraph it will be indicated that the obligations of the “Customer” in terms of payment under the “Agreement” are considered fulfilled from the date the funds are debited by the bank Of the "Customer" from the account of the "Customer".

Individual entrepreneurs are entitled to exemption from VAT, if for the three preceding consecutive calendar months the amount of proceeds from the sale of services (goods, etc.) of these individual entrepreneurs(excluding tax) did not exceed two million rubles in total. Individuals using the right to waiver must submit appropriate written notice and related documents that support the right to such waiver in tax authority at the place of their registration. We advise you to study Chapter 21 of the Tax Code of the Russian Federation. In the input field "Grounds for exemption from VAT", you must enter a link to the article of Chapter 21 of the Tax Code of the Russian Federation.

By virtue of para. 1 p. 1 of Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude an agreement. Due to the fact that the result of your work will be the creation of a complex object of intellectual activity, we recommend that you settle relations with the Customer by completing an Agreement for the author's order for content, contained in the following link: https : //www..For registration of the stages for the execution of work, we recommend that you reflect the stages in the Creative Assignment (Copyright Contract for Content), which is an appendix to the Agreement, it is also possible for you to draw up an Additional Agreement to the Agreement, which is contained at the following link: https: / /www.site/dogovor/prilojeniya/soglashenie/dopolnitelnoe_soglashenie_k_dogovoru/You need to answer the questionnaire and fill in all the input fields. The text of the agreement will be generated automatically.

See answer above.

Hello! According to paragraph 3 of Art. 861 of the Civil Code of the Russian Federation, non-cash payments are made through banks, other credit organizations, in which the corresponding accounts are opened. An individual for performing transactions not related to entrepreneurial activity or private practice, a current account is opened, and a current account is opened for an individual only if he is engaged in private practice or is an individual entrepreneur (Instruction of the Bank of Russia dated 05/30/2014 N 153-I "On opening and closing bank accounts, deposit accounts ( deposits), deposit accounts "). The bank account details of each party must be entered in the "Addresses, details and signatures of the parties" section of the agreement (in the corresponding input fields). The full details of your current bank account can be found in the territorial branch of the servicing bank or online bank. Also ask for the customer's account details. Thank you for using our service!

Hello! We recommend the general form of the contract for the provision of paid services, located at the link: http: // www .. Describe the list of your actions as a performer in the List of services, which is attached to the contract. Thank you for your interest in our service!

When placing advertisements, the parties must comply with the requirements of the current legislation related to the procedure for distributing marketing materials. Consideration should be given not only to the legal regulations governing the location of advertisements, but also to the detailed requirements for the content.

Legislative regulation

The legislative acts that govern the contract for the provision of advertising services include the Civil Code of the Russian Federation, as well as Federal Law No. 38-FZ "On Advertising". In particular, political advertising is regulated by No. 95-FZ "On Political Parties" and No. 82-FZ "On Public Associations."

Essential conditions and parties to the contract

The essential terms of this agreement include, first of all, its subject. This is directly the provision of advertising services (see their definition in the next chapter of the article).

Also, essential conditions include the cost of rendering such services, which includes their aggregate price, amount of individual payments, the frequency of their introduction.

In addition, they include deadlines, it is required to stipulate the date when the provision of services ends.

The definition of the parties to the contract also applies to its essential conditions of this agreement.

It lies between the customer who pays for the provision of advertising services and uses their result in the form of increasing the popularity of the company or product itself and the performer who has proper qualifications and is engaged in advertising promotion for a fee a specific object related to the customer, including the company itself, its product or trademark.

What counts as advertising services

Advertising services cover activities consisting in the development of objects containing information that should contribute to the emergence or maintenance of interest on the part unlimited number of persons in a relationship natural person or company, product (product, service or work), trademark, as well as the placement of such objects and their distribution.

Sample contract

Document starts with titles, next to which there is a number icon and then the document number is placed.

Below is the line that indicates locality where the contract was drawn up and the date it happened.

After that, a paragraph is placed in the document, which indicates the parties to the agreement;

• first there is information about the customer, including the name of this enterprise, designation of its organizational and legal form;
• also makes a reservation, in the person of which of its employee the customer acts(indicate his surname, name and patronymic, as well as position, if any) and on the basis of which document (internal normative act or a power of attorney) he received this right;
• also for this person it is stipulated that in the future in the document it will be referred to as Customer.

Exactly the same information is given about performer, and for him it is also written that below he will be called the Executor.

It is also indicated that together the Customer and the Contractor are hereinafter referred to as the Parties, and these Parties have reached this agreement as follows.

After that, the actual text of agreement.

His first article is titled subject of a contract... It determines that the Customer gives an order, and the Contractor, for his part, undertakes to produce materials of an advertising and informational or simply advertising nature, as well as place them in the required places.

There is also a definition of advertising materials, as well as advertising and informational nature.

So, a number of responsibilities have been defined for the Customer related to the advertising produced and placed for him. First of all, he needs to send the order to the contractor for a certain period before materials of an advertising or informational nature will be posted... He also needs to approve the original layout of the advertising material within a specified period before it is released.

If the need arises change dates placement of materials, then the Customer must also notify the Contractor in advance of the established period.

In such a situation, following this notification, the counterparties for this transaction draw up and sign supplementary agreement , which stipulates new terms of placement or its volume.

In addition, the Customer pays for the actions of the Contractor... The customer is also obliged not to provide the space allocated to the counterparty in accordance with this agreement to any third parties.

At the same time, the Customer is provided with the right to correct the material transferred by him to the performer until the moment when the original layout is approved. This right does not apply after its approval, from that moment claims will not be accepted.

For its part, for the Contractor in the contract set their own responsibilities and rights.

First of all, after the material of an advertising and informational or informational nature has been agreed by him with the customer, he has a duty of his to make in the amount stipulated by the contract and place. The form and content of the issued promotional items must comply with the standards set in the layout. He is also obliged to notify the transaction partner in advance that the materials will be published in this way.

In this case, the Contractor has the right post materials made by him within the limits that are negotiated by him with the customer. He is also given the opportunity to suspend the posting of materials if the other party to the agreement does not properly fulfill its obligations.

In addition, the performer has the right refuse a customer in the execution of his order, if his advertising material contains information that does not meet the requirements existing in the current legislation.

The following is an article dedicated to the price of the Contractor's services. It determines that this value is determined in accordance with the Appendix to this document, which must be signed by both counterparties.

The payment amount is denominated in rubles.

Also, this article stipulates how and for what period term the customer transfers funds to the contractor.

In addition, it is indicated that as a fact certifying that the fulfillment of the obligation has taken place, it is taken signing by both counterparties, The Customer and the Contractor of the act of delivery and acceptance of advertising services.

Next is an article on the terms of the agreement. It establishes that this agreement comes into force after the document signed by both counterparties and is further valid until the moment when the Parties fulfill their obligations.

Also this article defines the initial term of service, which is set as the moment when the original layout of the advertising product and the deadline are approved, it is indicated as a specific date.

The following article is devoted to the termination of the contract, is defined that it is possible by agreement of the parties.

Also in the contract there is a rule about force majeure... When emergency any of the counterparties gets the opportunity to refuse to execute the transaction, but he must notify the partner under the agreement about this.

You can download a ready-made contract form free of charge from our website.

Features of the contract

An essential feature of the contract for the provision of advertising services is that the Contractor for this transaction usually carries out activities in two directions at once. He speaks as an advertising producer, that is, it makes materials designed to promote certain objects, as well as as an advertising distributor, that is, it brings the created materials to the audience. Thus, the performer is a person who combines these two work profiles.

It is also determined that the contract service delivery in addition, the articles of the Civil Code relating to the contract are applied, they are valid in the event that they do not directly contradict the norms of the Civil Code relating to the contract for the provision of services.

For more information on drawing up a contract for the provision of advertising services, see the video below.

The contract for the provision of advertising services is an agreement between the contractor and the customer, which refers to the provision of these services for a pre-agreed fee. It is concluded in accordance with The Civil Code Russian Federation and is included in the number of contracts for the provision of services for a fee.

An advertising services agreement is an agreement by virtue of which the advertising distributor will, on the instructions of the advertiser, distribute advertising information within a certain territory and within a specified time frame, and the advertiser must pay for these actions.

This is regulated by the Federal Law of 18.07.95, No. 108 FZ "On Advertising", the norms of Ch. 39 of the Civil Code "Reimbursable provision of services" and Art. 420-449 GK ( general provisions about the contract).

Several persons can participate in the contract, both from the advertiser and from the advertising distributor. In relation to the undertaken obligations, they act as joint and several debtors.

An essential condition of the contract is its subject matter. They are intangible services (not the results of activities, namely the actions themselves) and the term.

The contract is concluded in simple written form.

The general rule provided for in Art. 780 Civil Code, there will be an obligation to personally fulfill the obligation to provide advertising services, unless otherwise provided by the contract. However, in fact, there is no personal-trusting relationship in this case.

Subject of the contract

The subject is the production and distribution of advertising for an object. V federal law"About Advertising" states that information that is disseminated by any means, means and forms is advertising. It is aimed at a particular object in order to interest the consumer and facilitate market advancement. The object can be: the manufacturer / seller of the goods and the goods themselves; intellectual product; event, etc.

Parties

The parties to the contract for the provision of advertising services are the advertiser (or customer), that is, the person who determines the object in need of advertising and the content of the latter, as well as the advertising producer (distributor, performer). The functions of the latter can be performed by one or several persons. During the drafting of the contract, the price and method of calculation, the timing of the provision of advertising services, the rights and obligations of the parties are discussed.

Necessarily attached to the contract: payment schedule, task, copies of licenses, certificates and permits of the customer for the advertised object, task. The contract must be drawn up in duplicate and signed by representatives of both parties.

The quality of advertising services depends on how the contract is drawn up correctly.

Advertising market functions

Thanks to the advertising market, the creation and regulation on an economic basis of the relationship of market entities takes place. They are coordinated using a pricing mechanism that maintains a balance between consumer and producer, supply and demand. As a regulator of the economy, the advertising market performs the following functions:

• promotes the unification of advertising producers and advertisers on economic grounds, which, in turn, are based on meeting the needs for advertising services expressed through demand;
• contributes to the elimination of disparities between supply and demand for advertising services, brings them to a state of compliance with the needs of the market;
• helps to create conditions for the functioning of the advertising business and identifies leaders, stimulates its effective work;
• notifies market entities through economic indicators about all ongoing processes in the economy;
• eliminates the lack of advertising services and allows to expand the opportunities of subjects engaged in entrepreneurial activity.

With the development of society and its relations, the functions of the advertising market also do not stand still and are characterized by a tendency towards complication.

Advertising agencies

Advertising agency is independent organization business and creative people, whose specialization is the creation of advertising and other materials related to it. In addition, the agency can attract or acquire subcontractors in order to buy advertising space and time for its placement in certain media. mass media... In this case, the interests of sellers and advertisers who are clients of this organization are represented in order to find a real buyer for the services and goods they provide.

Who works for the agencies?

The agency employs not only representatives of creative professions, but also businessmen who use the wide possibilities of advertising art to solve their business issues... These include artists, writers, market and media analysts, multidisciplinary professionals, and researchers who use their skills and talents to help clients succeed in their businesses. They are in constant contact with suppliers outside the agency, who take photographs, retouch them, illustrate advertisements, typeset the font, shoot promotional videos, record soundtracks, that is, they perform all the types of work that are necessary to create high quality products. They are always up to date with the latest technical improvements, current production issues and price fluctuations.

Who does it cooperate with?

An ad agency works with a variety of sellers to improve the search for buyers and the services or products it provides. They work directly for the client, and not for the supplier of goods or the media. The obligation of an advertising agency from an ethical, moral, financial and sometimes even legal point of view is to provide clients with the highest quality work, contribute to their prosperity, material well-being, and growth in popularity. An advertiser is not just a bill paying customer, but an employer as well. The agency, in turn, satisfies its requests, is hired only for the sake of making a profit for the enterprise, and this kind of service can always be refused. The cost of advertising services is quite tangible.

Types of RA

• global - speakers at the international level, in different regions and countries;
• national - advertising producers within a particular country;
• regional - operating within a specific city or region. They can conclude an agreement for the provision of advertising and information services.

Between advertisers and advertising agencies the principle of infrastructural conformity operates of different types, which means that advertising services are delivered within the same type (for example, global agencies fulfill orders from global advertisers, etc.).

• full-service, that is, providing all services;
• specialized providing certain types services;
• an intermediate position between the previous types are multidisciplinary agencies that provide certain services in a complex.

Media agencies

A special position in the advertising market belongs to media agencies that lease networks of advertising carriers, plan and place advertisements in all types of media. In-house (“home”) agencies, which operate under the terms of an exclusive agreement with a company or are part of it, also stand apart (as a rule, advertising budgets are large here). A typical contract for the provision of advertising services will be presented below:

• By purpose and function: advertising markets for political, social, commercial, etc.
• By industry: TV and radio advertising markets, outdoor, press and Internet.
• According to the development trend: high- and low-dynamic, as well as with a shortening period.
• By prospects: unpromising, unpromising, promising and highly promising.
• By competition: markets of pure monopoly and oligopolistic, monopolistic competition, perfect competition.
• By the level of monopolization: non-monopolized, monopolized and absolutely monopolized markets.

1. the volume of services provided (universal or specialized);
2. direction of business specialization (industrial or consumer sphere).

Both groups comprise several subgroups. Universal agencies are staffed in such a way that they are able to provide their clients with services in all areas of advertising and information activities. Basically, they are divided into two types - advertising and non-advertising. The first includes the preparation, development and direct production of the advertising product, as well as the selection of the media and the conduct of the necessary research.